REQUEST FOR PROPOSALS - RFP #13-165 DESIGN ... Regional Municipality Page 6 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 1. BACKGROUND Halifax

REQUEST FOR PROPOSALS - RFP #13-165

DESIGN-BUILD Washroom Facilities and Site Work at Chocolate Lake and Albro Lake Beaches

Halifax Regional Municipality Procurement Section

P.O. Box 1749, Halifax 1ST Floor Alderney Gate, 40 Alderney Drive

Nova Scotia, Canada B3J 3A5

DATE: June 24, 2013

CLOSING DATE: 2:00 PM Local, July 10th, 2013

REQUEST FOR PROPOSAL RFP #13-165

Washroom Facilities and Site Work at Chocolate Lake and Albro Lake Beaches

The Halifax Regional Municipality (HRM) is seeking proposals from qualified individuals/ firms to provide design and construction services for two washroom facilities and site work for Chocolate Lake and Albro Lake beaches. Sealed Proposals, Two (2) copies, One (1) in digital format on USB flash drive and one (1) unbound and duly signed for #13-165, Washroom Facilities and Site Work at Chocolate Lake and Albro Lake Beaches, Halifax Regional Municipality, Halifax, Nova Scotia will be received by Halifax Regional Municipality Procurement Section, Suite 103, 1st Floor, 40 Alderney Dr. (Alderney Gate), Dartmouth Nova Scotia, B2Y 2N5, until 2:00 P.M. local time, Wednesday, July 10th, 2013. Proponents are advised that Canada Post does not deliver to the Procurement Office. Mandatory site tours are scheduled for Tuesday, July 2nd, 2013. All interested parties are asked to meet promptly at 10:00 A.M. at the Albro Lake Beach, 199 Albro Lake Drive, Dartmouth NS. The Chocolate Lake site tour/review will follow immediately after at 2 Melwood Ave., Halifax. Attendance at both is mandatory. All questions concerning the procurement process shall be directed to Gary Carpentier, Senior Procurement Consultant, at (902) 490-4202, Monday through Friday, 8:30 A.M. to 4:30 P.M. or E-mail to [email protected] and those of a technical nature to Darren Young, Project Manager, Facility Development , Phone 490-4903, or E-mail to [email protected] . HRM reserves the right to reject any or all proposals and to award the contract in its entirety, or in part, whichever in its opinion best serves the interest of HRM. Anne Feist, Manager Procurement

Halifax Regional Municipality Page 3 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013

Table of Contents 1.0 - BACKGROUND ........................................................................................................................................................ 6

2.0 - OBJECTIVE .............................................................................................................................................................. 6

3.0 - SCOPE OF WORK ................................................................................................................................................... 6

3.1 - Proponent’s Design Team ..................................................................................................................................... 6

3.2 - Planning/Pre-design .............................................................................................................................................. 6

3.3 - Design Criteria ....................................................................................................................................................... 7

3.4 - Material and Site Considerations: ....................................................................................................................... 8

3.5 - Construction: ......................................................................................................................................................... 8

4.0 - WARRANTY ............................................................................................................................................................. 9

5.0 - QUESTIONS.............................................................................................................................................................. 9

6.0 - PRE-PROPOSAL SITE VISIT ................................................................................................................................ 9

7.0 - RECEIVING OF SUBMISSIONS ......................................................................................................................... 10

8.0 - SUBMISSION CONDITIONS, REQUIREMENTS AND SCHEDULE ............................................................ 10

8.1 - Conditions ............................................................................................................................................................ 10

8.2 - Requirements ....................................................................................................................................................... 11

8.2.1 - Qualifications and Experience ..................................................................................................................... 11

8.2.2 - Methodology and Approach ........................................................................................................................ 11

8.2.3 - Schedule ......................................................................................................................................................... 12

8.2.4 - Deliverables ................................................................................................................................................... 12

9.0 - METHOD OF AWARD/COST PROPOSAL EVALUATION/AWARD OF PROPOSALS/ POST COMPLETION REVIEW .............................................................................................................................................. 12

10.0 - REQUESTED INFORMATION .......................................................................................................................... 16

11.0 - GENERAL INSTRUCTIONS .............................................................................................................................. 16

12.0 - CONTRACT ADMINISTRATION ..................................................................................................................... 18

13.0 - PROPONENT’S QUALIFICATIONS ................................................................................................................ 18

14.0 - INDEMNITY ......................................................................................................................................................... 19

15.0 - EXCEPTIONS ....................................................................................................................................................... 19

16.0 - TERMINATION ................................................................................................................................................... 19

17.0 - AWARD OF PROPOSALS .................................................................................................................................. 20

18.0 - AVAILABILITY OF FUNDS OR LAND ........................................................................................................... 20

19.0 - INTERPRETATION ............................................................................................................................................. 20

20.0 - INTEGRATION .................................................................................................................................................... 20

21.0 - NON-ASSIGNMENT OF CONTRACT .............................................................................................................. 20

22.0 - PUBLIC INFORMATION/PROPRIETARY INFORMATION/PRIVACY ................................................... 20

23.0 - INTELLECTUAL PROPERTY RIGHTS .......................................................................................................... 21

24.0 - BID BOND ............................................................................................................................................................. 22

25.0 - DEPOSIT AND SURETY ..................................................................................................................................... 22

26.0 - INSURANCE ......................................................................................................................................................... 23

27.0 - POST-BID SUBMISSIONS .................................................................................................................................. 27

28.0 - COMPETENCY OF BIDDER ............................................................................................................................. 28

Halifax Regional Municipality Page 4 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 29.0 - THE OWNER’S RIGHT TO TERMINATE CONTRACT .............................................................................. 28

30.0 - REMOVAL OF EQUIPMENT AND SUPPLIES .............................................................................................. 29

31.0 - NOTICE OF COMPLETION .............................................................................................................................. 29

32.0 - DEFICIENCY CORRECTIONS ......................................................................................................................... 29

33.0 - COMPLETION CERTIFICATE ......................................................................................................................... 29

34.0 - TAXES ................................................................................................................................................................... 29

35.0 - PAYMENTS FOR THE WORK .......................................................................................................................... 29

35.1 Payment and Schedule of Prices ............................................................................................................................ 30

35.2 Applications for Payment ...................................................................................................................................... 30

35.3 Payment Application Documentation .................................................................................................................... 30

35.4 Payment Certification ............................................................................................................................................ 30

35.5 Payment ................................................................................................................................................................. 31

35.6 Builder’s Lien Act to Prevail ................................................................................................................................. 31

35.7 Builders’ Lien Holdback ........................................................................................................................................ 31

35.8 Release of Holdback .............................................................................................................................................. 31

35.9 Discharge of Builders’ Liens ................................................................................................................................. 32

35.10 Builders’ Liens .................................................................................................................................................... 32

35.11 Application for Certificate of Substantial Performance ....................................................................................... 33

35.12 HRM’s Inspection ................................................................................................................................................ 34

35.13 List of Deficiencies .............................................................................................................................................. 34

35.14 Waiver ................................................................................................................................................................. 34

35.15 Holdback for Defects and Deficiencies ............................................................................................................... 34

35.16 Application for Final Payment ............................................................................................................................. 35

36.0 - GUARANTEE/WARRANTY .............................................................................................................................. 35

37.0 - PROTECTION ...................................................................................................................................................... 36

38.0 - CLOSING DOWN WORK ................................................................................................................................... 36

39.0 - UTILITIES ............................................................................................................................................................ 36

40.0 - MINIMUM STANDARDS ................................................................................................................................... 36

41.0 - PROTECTION OF WORK AND PROPERTY ................................................................................................. 37

42.0 - DAMAGE ............................................................................................................................................................... 37

43.0 - HEALTH AND SAFETY ACT ............................................................................................................................ 37

44.0 - SITE SAFETY PLAN ........................................................................................................................................... 37

45.0 - VALUATION OF CHANGES ............................................................................................................................. 37

46.0 - DISPOSAL OF MATERIALS ............................................................................................................................. 39

47.0 - CONFIDENTIALITY ........................................................................................................................................... 39

48.0 - ADDED VALUE .................................................................................................................................................... 39

49.0 - DEBRIEFING ........................................................................................................................................................ 40

50.0 - CLOSING STATEMENT .................................................................................................................................... 40

51.0 - O. H. & S DECLARATION ................................................................................................................................. 41

APPENDIX 1 - PROPOSAL SUBMISSION FORM .................................................................................................... 42

APPENDIX 2 - Scope of Work Design Elements .......................................................................................................... 49

Halifax Regional Municipality Page 5 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 APPENDIX 3 – Concept Drawings for Washroom Facility......................................................................................... 54

APPENDIX 4 - Site Layouts ........................................................................................................................................... 55

APPENDIX 5 - Site Photographs ................................................................................................................................... 57

APPENDIX 6 – Specifications/Information for Site Work .......................................................................................... 58

APPENDIX 7 - Retaining Wall Specifications/Drawings ............................................................................................. 59

Halifax Regional Municipality Page 6 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 1. BACKGROUND

Halifax Regional Municipality (HRM) Facility Development - Buildings Division, under Planning & Infrastructure, is seeking to retain a qualified contractor to undertake the design and construction of seasonal washroom facilities and site work at the Chocolate Lake and Albro Lake beaches.

2. OBJECTIVE

To ensure continuing high levels of service, optimal value for money and to implement new approaches that will result in increased efficiencies, Halifax Regional Municipality is seeking a best in class programming, design and construction team to facilitate these projects. The objective of this Request for Proposals is to identify the best qualified proponent to provide programming, design and construction services for this initiative. In this regard, Halifax Regional Municipality is seeking detailed information from interested service providers.

3. SCOPE OF WORK

The Proponent will provide services in the following general categories;

Client Consultation; Design and Construction Documents; Demolition of existing washroom building at Albro Lake site Construction of facilities, including administration, Supervision,

Commissioning and Project Close Out 3.1 Proponent’s Design Team

To provide these services, the Proponent must assemble a team of qualified professionals, all licenced to practice in Nova Scotia, including, but not limited to:

A registered Architect Structural Engineer Electrical Engineer Mechanical Engineer Qualified, certified and dedicated construction professionals

3.2 Planning/Pre-design

Following the award of the RFP, the Proponent will meet with the Owner to review issues related to site development. These issues include: access to site, access and egress points, site services, landscaping considerations, and drainage, etc. The proposed design will reflect the program requirements, site conditions and budget. HRM representative will review the submission and may request changes or more detail. Revisions to the design may be required as a result of the review. Final design development drawings, and outline specification are to be generated and reviewed before issuance of a letter from HRM to proceed to construction


drawings. Final construction documents are to be submitted prior to the commencement of construction.

1. Site Development Plan 2. Demolition Plan 3. Revised design and approval: Site plan, building plans, elevations, 4. Final design and approval: Plans, sections, elevations, details, 5. Completed construction documents and approval 6. All permits

The Proponent will work primarily with the Project Manager from HRM Infrastructure & Asset Management, for day to day contact to obtain technical and program information. The Design Team will be responsible for providing direction and resolving issues related to progress with all aspects of the scope of services. All correspondence will flow thru the HRM Project Manager. The Proponent will provide a single, focused point of contact throughout the term of contract. The individual so appointed will be a senior member of the Proponent’s team and will have full authority to commit the resources of the Proponent. It is anticipated that the Proponent will work closely with HRM to define or clarify the operational and technical requirements for the program of requirements. The Proponent will be required to co-ordinate with all suppliers and specialized contractors

Construction drawings are to be stamped by the Consultant, licenced to practice in Nova Scotia. The Proponent will provide on-going construction supervision as required to oversee the construction of each facility and report to the Owner. The Owner will have access to each site at all times. The Proponent will make equipment and labour available to facilitate independent testing of materials and compaction for each site at the discretion of the Owner.

3.3 Design Criteria:

The design and construction of the washroom facilities and site work shall meet or exceed the following criteria:

.1 Main Criteria

.1 All design and construction work for each facility must meet or exceed all applicable codes, regulations and standards including, but not limited to: the Nova Scotia Standard Specification for Municipal Services (Bluebook, 2008), the National Building Code of Canada (2005), the Nova Scotia Building Code Regulations, the National Fire Code, the Occupational Health and Safety Act, the Nova Scotia Utility and Review Board, the NFPA, ULC, CSA, ASHRAE, all HRM municipal building by-laws, the HRM Municipal Services Systems (Redbook), CSA Standard B651-12 (Accessible design for the built environment) and any other jurisdiction having authority.

.2 This Scope of Work is provided as part of this package for information only. Verification of dimensions and site conditions for each site is the responsibility of the Contractor. The Contractor shall examine the site conditions carefully for each site, prior to developing a bid proposal and subsequent contract documents in order to ensure that details are appropriate to existing conditions.


.3 The Contractor is responsible for all site clearing and preparation for the site including grubbing, excavation, fill, grading, compaction, landscaping, site drainage, paving, and security. All site work to be done in compliance with the latest regulations of the N.S. Dept. of Environment and Labour.

.4 All waste material for each facility is to be disposed of or recycled as per the regulations of the N.S. Dept. of Environment and Labour and HRM Regulations, Section 45.

.5 The facility may be operating extended hours, site security and lighting is an important issue.

3.4 Material and Site Considerations:

.1 Site slopes must be addressed for overall drainage requirements.

.2 Drainage requirements may include a storm drain system through the site.

.3 Asphalt must be tested by a recognized, licensed testing agency.

.4 All foundations, sidewalks, driving surfaces to be structurally designed in conformance with the recommendations of the Geotechnical Reports

.5 Any reinforced concrete shall have a minimum compressive strength of 30 Mpa at 56 days, shotcrete to be minimum 40MPa. The use of fly ash is encouraged; minimum content shall be 15% by mass of Portland Cement content. Reinforcing shall comply with seaside locations (epoxy coated) for minimum coverage. Comply with all applicable CSA standards and local regulations. Concrete can be poured-in place or precast, or a combination of both.

.6 Approval by a testing authority of slump and compressive strength of poured-in-place concrete will be required.

.7 Asphalt must be tested by a recognized, licensed testing agency.

.8 All materials used in construction will be based on their ability to withstand rigorous, industrial use and environmental elements. All metals shall be anodized or have rust-resistant properties.

.9 Details should minimize long-term maintenance needs.

.10 The successful Proponent to identify suggested operating and maintenance tasks in their submitted manuals.

.11 Proponents are to assume no wetlands or watercourse setbacks will apply for the sites.

3.5 Construction:

The following general conditions must be included within the Proponent’s Scope of Work and included in their bid price:

.1 Submit building permit application and obtain all permit(s), licenses and

certificates and pay all fees required for the completion of the work which are in force at the date of the RFP submission. The construction fees identified on the HRM Construction Permit Fee Form as the Building Permit and Plumbing Permit fee are the only fees that will be waived. The applicant must present a letter from Infrastructure & Asset Management at the time of application to have the fees waived.

.2 Provide and certify Nova Scotia Building Code Compliance Schedules A1-A9.

.3 Lot / Foundation location certificate


.4 Site inspections, soils compaction and concrete testing complete with independent engineer’s report.

.5 Job site heated office trailer, including a meeting space, office supplies and furniture, photocopiers, fax machines, telephones, drinking water, IT equipment, etc.

.6 Temporary heat

.7 Temporary power (main panel, transformer, distribution panel) and lighting

.8 Temporary toilets

.9 Surface water drainage, snow and ice removal

.10 Safety and first aid supplies

.11 Site storage and handling of materials

.12 Project signage

.13 Mobilization and demobilization

.14 Daily clean up, trash removal, disposal fees

.15 Survey lines, control points for layout of work; any PLS services

.16 Temporary rigid safety/security fences, hoarding, barricades and railings

.17 Monthly progress photographs

.18 Chair, produce and circulate minutes of bi-weekly site meetings

.19 Planning, scheduling and administration of all submittals (CCOs, COs, RFIs, Shop Drawings, etc.) and general project correspondence.

.20 Submittal of monthly Progress Billing

.21 Travel and site trucks as necessary

.22 Access roads

.23 Co-ordinate submission of as built record documents and operations/maintenance manuals

4.0 WARRANTY

The warranty period of 24 months will commence on the date the project receives a Construction Completion Certificate identifying that the washroom facilities are substantially complete and ready for operation. The Owner will establish this completion date.

5.0 QUESTIONS

Any questions concerning this Request for Proposals should be directed to, Gary Carpentier, Senior Procurement Consultant, at (902) 490-4202, Monday through Friday, 8:30 A.M. to 4:30 P.M. or E-mail to [email protected] and those of a technical nature to Darren Young, Project Manager, Facility Development , Phone 490-4903, or E-mail to [email protected] .

Any significant questions received will be responded to in writing by Procurement with copies of the questions and associated responses distributed to all proponents having obtained copies of this Request for Proposals.

6.0 PRE-PROPOSAL SITE VISIT

Each proponent must satisfy themselves as to the exact nature and existing site conditions for each site, the project requirements and for the extent and quality of work to be


performed. Failure to do so will not relieve the successful proponent of their obligation to carry out the provisions of the contract.

7.0 RECEIVING OF SUBMISSIONS

Interested proponents are invited to submit two (2) copies of their response, one (1) in digital format on USB flash drive and one (1) unbound, to demonstrate their capabilities and qualifications with respect to the services under consideration. Submissions must be in conformance with the requirements stated in this Request for Proposals document.

All submissions must be submitted in sealed envelopes and clearly labeled on the exterior as:

RFP #13-165

DESIGN-BUILD: Washroom Facilities and Site work at Chocolate Lake and Albro Lake Beaches Sealed submissions will be received at:

Halifax Regional Municipality Procurement Office 1st Floor Alderney Gate, 40 Alderney Drive P.O. Box 1749 Halifax, Nova Scotia, Canada, B3J 3A5

Submissions will be received until 2:00 PM local time on July 10th, 2013. Late or

misdirected submissions will not be accepted and will be returned unopened.

Proposals will be binding for 90 Days. Unless otherwise specified, all formal proposals submitted shall be irrevocable for 90 calendar days following proposal opening date, unless the proponent(s), upon request of the Purchasing Agent, agrees to an extension.

8.0 SUBMISSION CONDITIONS, REQUIREMENTS AND SCHEDULE 8.1 Conditions

The submission of a proposal on this service will be considered as a representation that the proponent has carefully investigated all conditions which may affect or may, at some future date, affect the performance of the services covered by the proposal, the entire area to be serviced as described in the attached specifications and other contract documents and that the proponent is fully informed concerning the conditions to be encountered, quality and quantity of work to be performed and materials to be furnished; also, that the proponent is familiar with all Federal and Provincial laws, all codes and ordinances of the Halifax Regional Municipality which in any way affect the prosecution of the work or persons engaged or employed in the work.

Submissions must be limited to an executive summary, twenty (20) pages of text (not including the Proposal Submission Form - Appendix 1 and associated supporting material in


the form of appendices. The following format must be adhered to:

8 ½" x 11" paper size, 12 point font size, and numbering system as used in this Section 8

Proponents may be requested to make a presentation and be interviewed by the Selection Committee and proponents shall have their key members present for any interview(s) required.

All documents will be prepared with absolute consistency between them;

documents may be prepared in either metric or imperial measure; all documents will be provided in both hard copy format and electronic format

(AutoCAD, current version and Word current version); text documents will also be accepted in Microsoft Word, Excel or PDF format.

The information received in response to this Request for Proposals will be utilized only to evaluate service capabilities and qualifications for the purpose of selecting the successful proponent. All submissions will be treated as confidential. Unsuccessful proponents will be contacted after the completion of the evaluation. A debriefing with respect to the evaluation of their submission will be available upon request by unsuccessful proponents.

8.2 Requirements 8.2.1 Qualifications and Experience

Provide a team organizational chart to illustrate the roles of key consultants and personnel.

Describe the qualification of all team members including consultants and sub-contractors.

Demonstrate the ability to produce professional construction drawings and specifications, endorsed by a licensed professional(s).

Demonstrate competence in building design and construction. Provide information for your last five (5) projects of similar scope. Provide three (3) references for your last five (5) design-build projects of similar size,

scope and magnitude. 8.2.2 Methodology and Approach

Provide an outline of how your team would approach this project including a critical path of tasks during construction and design.

Submit a minimum of three samples of previous 3D sketch concepts. Include provisions for safety, traffic control and fire prevention.

Halifax Regional Municipality Page 12 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 8.2.3 Schedule

Submit a detailed work plan to achieve the stated objectives and goals; with key tasks, milestones, approvals, and meetings clearly identified.

The anticipated schedule is as follows: (Subject to change)

July 10th, 2013 2:00 p.m. RFP Closing date August 6, 2013 RFP awarded August 8, 2013 Pre-Design Meeting with Stakeholders August 30, 2013 Design Drawings Complete Sept 13, 2013 Construction Drawings Complete Sept 19, 2013 Permit Application Sept 23, 2013 Construction Begins Dec 6, 2013 Construction Substantially Complete Dec 20, 2013 Construction Complete

8.2.4 Deliverables

Proponents are required to submit for each facility presentation style floor plans, site plan, elevations demonstrating their understanding of the Design Standard and Building Program. Halifax Regional Municipality reserves the right to reject any or all submissions or accept any submission or portion thereof deemed to be in its best interest. Halifax Regional Municipality may negotiate a final offer with the selected proponent.

A fee will not be paid for the preparation or presentation of submissions in response to this Request for Proposals.

9.0 METHOD OF AWARD/COST PROPOSAL EVALUATION/AWARD OF

PROPOSALS/ POST COMPLETION REVIEW 9.1 METHOD OF AWARD The evaluation process will be carried out by an evaluating committee who will establish the

ranking of all the consultants and produce a short list. The short-listed consultants may be invited to make a brief presentation. The results of the above process will be brought to the appropriate staffing level with a recommendation from the evaluating committee to award.

9.2 Evaluation Process

Each Proposal will be evaluated using the following process: Stage 1: Verify each bid’s compliance to the Mandatory Criteria identified below, and

disqualify any bids that fail to meet these.

Stage 2: For bids that pass the Mandatory Criteria, evaluate and score each one, using the Desirable Criteria and weights.

Halifax Regional Municipality Page 13 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 Stage 1 – Mandatory Criteria The proposal must meet all of the following mandatory criteria and clearly demonstrate that

these are met in a substantially unaltered form. If the proposal fails to meet any one of these criteria, it will receive no further consideration during the evaluation process and be deemed non-compliant.

1. The proposal must clearly demonstrate the proponent’s experience and ability to

fulfill the service requirements identified.

2. All Cost Proposals must be submitted in Canadian dollars (CDN) exclusive of all taxes.

Stage 2 – Proposal Evaluation Criteria

All proposals which pass Stage 1 – Mandatory Criteria will be evaluated and ranked against the weighted Proposal Evaluation Criteria listed in the Proposal Evaluation Criteria as indicated below. Proposers are reminded that the proposal is the main document used in the evaluation and that the Proposer shall insure all information required to make the decision is included. Proposals not achieving a minimum of 75% of the total available technical points will no longer be considered and the Cost Proposal will be returned unopened.

To assist in the evaluation of the Responses, the Evaluation Committee may, but is not required to:

Contact the proponent’s clients/customers relevant to the proposal with

any or the entire client contacts cited in a response to verify any and all information regarding a proponent and rely on and consider any relevant information from such cited references in the evaluation of responses.

Conduct any background investigations that it considers necessary in the

course of the evaluation process and consider any relevant information resulting in the evaluation of Responses;

The evaluation committee will only seek clarification from a proponent if the requested information is ambiguous or missing and if such clarification does not offer the proponent the opportunity to improve the competitive position of its response. To the extent possible, requests made by the Evaluation Team will be sent from the email addresses of the RFP Contacts.

HRM reserves the right to deduct points from the Technical Proposal evaluation per the following, Proposal Evaluation Criteria based on assessment of risk as follows:

Low risk – exceptions or omissions to RFP terms and conditions and/or format indicate no risk or low risk to successful completion of


project: (-0) to (-5) points

Medium risk – exceptions or omissions to RFP terms and conditions and/or format indicate a risk to successful completion of project that can be mitigated using HRM resources: (-5) to (-25) points

High risk – exceptions or omissions to RFP terms and conditions and/or format indicate a risk to successful completion of project that can be mitigated but will require significant HRM resources: (-26) to (-50) points

Unacceptable risk – exceptions or omissions to RFP terms and conditions and/or format indicate a high probability of project failure: (-50) to (-100) points

All proposals will be evaluated and ranked against the following criteria and associated weighting:

Envelope #1

Deliverables: 1. Site Plan 2. Floor Plan 3. Elevation &/or Perspective

Proposal Evaluation Criteria Points Construction and Related Experience 30 Ability to organize and work with consultants, sub-trades and suppliers. References from past five (5) projects of similar size, scope and magnitude. Qualifications and expertise of team members. Demonstrated design-build partnering experience on similar projects and LEED. Methodology and Approach 30 Methodology and approach to managing:

A: Budget 5 B: Schedule 5 C: Quality 5

Rationale and approach to the planning/design process 10 Client consultation approach 5 Work Plan Schedule 15 A detailed work plan outlining effective project management. The work plan must demonstrate how the successful proponent plans to meet the substantial performance date of November 22, 2013. Total Technical Points 75


Envelope #2 Cost Proposal 25 Total Points (Technical & Cost) 100 9.3 Cost Proposal Evaluation

Unless otherwise stated in this document or its addenda, the proposal with the lowest cost

shall receive the maximum points allowed. All other proposals shall receive a cost score based on their cost relationship to the lowest. The points for the financial evaluation will be allocated as follows. The total cost of each technically responsive bid will be calculated as shown in the Evaluation of Price. The lowest total cost will achieve maximum available points. All other proposals will be prorated using the lowest cost bid and the following formula:

Max Available Pts. – [Max Available Pts. X (total cost – lowest total cost) / lowest total

cost] Note: If the result is a negative number, the score assigned will be 0 Example: Two technically compliant bids are received and the maximum available points

equal 30: Bid 1: $100,000 Bid 2: $130,000 Bid 1 being the lowest, would achieve a score of 30 points Bid 2 would achieve a score of 21 points, calculated as follows: 30 – [30 X ($130,000 – $100,000) / $100,000] = 21 points The value of the contract for this project shall be inclusive of applicable HST. The Halifax Regional Municipality intends to award based on the above listed criteria. 9.4 AWARD OF PROPOSALS .1 HRM reserves the right to modify the terms, or cancel, or reissue the Request

for Proposals at any time at its sole discretion. .2 This Request for Proposal should not be construed as a contract to purchase

goods or services. Although proposals will be assessed in light of the evaluation criteria, HRM is not bound to accept the lowest priced or highest scoring proposal or any proposal. HRM reserves the right to reject any or all proposals and to award the contract in its entirety, or in part, whichever, in its pinion, best serves the interests of HRM.

.3 Subsequent to the submissions of proposals, interviews may be conducted with


some of the proponents, but there will be no obligation to receive further information, whether written or oral from any proponent.

.4 HRM will not be obligated in any manner to any proponent until a written

contract has been duly executed. Any damages arising out of a breach by HRM, including damages for any implied duty at law, are limited to the actual costs of preparing the proposal. Neither acceptance of a proposal, nor execution of a contract, will constitute approval of any activity or development contemplated in any proposal that requires any approval, permit or license pursuant to any statute, regulation or by-law.

.5 HRM offers debriefing to unsuccessful proponents. An unsuccessful proponent

must request a debriefing in writing within 10 (ten) days from the date of posting the award on the Nova Scotia Public Tenders website. Upon timely receipt, the HRM will contact the interested proponent to arrange a date, time and place for the debrief, which normally will be conducted in person.

9.5 POST COMPLETION REVIEW HRM will conduct a post-completion evaluation/review of all performance related

issues. The results of this review will be communicated to the proponent and will be retained by HRM for future reference.

10.0 REQUESTED INFORMATION

To establish the capabilities and qualifications of proponents, specific information is requested, including corporate profile, service delivery capability, project management and technical support ability, relevant experience and references, management support programs, proven successes in similar undertakings, related management experience and additional background information as outlined herein. Please note that non HRM staff references are preferred.

Proponents are encouraged to submit as detailed a document as possible in support of their capacity to meet the requirements of this Request for Proposal, without exceeding the restrictions specified in Section 8. Elaborate brochures or voluminous examples are not required, nor desired.

11.0 GENERAL INSTRUCTIONS

Documents: Terms of Reference and other documents may be obtained in person or by mail from, Halifax Regional Municipality Procurement Office, 1st Floor Alderney Gate, 40 Alderney Drive, Halifax, Nova Scotia, Canada.

All proposals are to be submitted on and in accordance with forms for this purpose

which are available at the Halifax Regional Municipality Procurement Office.

All proposals are to be submitted in sealed, plainly marked envelopes.


Additional information or clarifications of any of the instructions or information

contained herein may be obtained from the Halifax Regional Municipality Procurement Office.

Any proponent or proponent(s) finding any discrepancy in or omission from the proposal, in doubt as to their meaning, or feeling that the proposal is discriminatory, shall notify at once the Halifax Regional Municipality Procurement Office in writing within 5 days of the scheduled opening of proposals. Exceptions as taken in no way obligates the Halifax Regional Municipality to change the proposal. The Halifax Regional Municipality Procurement Office will notify all proponents in writing, by addendum duly issued, of any interpretations made of proposal instructions.

The Halifax Regional Municipality will assume no responsibility for oral instructions or suggestion. All official correspondence in regard to the proposal should be directed to and will be issued by the Manager of Procurement, Halifax Regional Municipality.

Eligibility:

Prospective proponents are not eligible to submit a proposal if current or past corporate and/or other interests may in the opinion of the Halifax Regional Municipality, give rise to conflict of interest in connection with this project. Proponents are to submit with their proposal documents any issue that may constitute a conflict of interest violation for review by the Halifax Regional Municipality. Halifax Regional Municipality’s decision on this matter will be final.

Reservations:

The Halifax Regional Municipality reserves the right to reject any or all proposals or parts of proposals, when in this reasoned judgement, the public interest will be served thereby.

The Halifax Regional Municipality may waive formalities or technicalities in proposals as the interest of the Halifax Regional Municipality may require.

The Halifax Regional Municipality may waive minor differences in the proposal provided these differences do not violate the proposal intent.

Disputes: In cases of dispute as to whether or not an item or service quoted or delivered meets proposal requirements, the decision of the Halifax Regional Municipality, or authorized representatives, shall be final and binding on all parties.

Proponents Expenses: Proponents are solely responsible for their own expenses in preparing, delivering or presenting a proposal and for subsequent negotiations with the Halifax Regional Municipality, if any.

Expenses: The submission of a proposal shall be considered an agreement to all the terms


and conditions provided herein and in the various proposal documents, unless specifically noted otherwise in the proposal.

Currency and Taxes: Prices are to be quoted:

in Canadian dollars; inclusive of duty, where applicable; exclusive of HST.

Compliance with Laws: The contractor will give all the notices and obtain all the licenses

and permits required to perform the work. The contractor will comply with all laws applicable to the work or performance of the tender contract. This however does not remove the burden of due diligence from the successful proponent with regards to safety and regulation compliance.

12.0 CONTRACT ADMINISTRATION

After contract award, all coordinating services will be with the Project Manager, Darren Young or designate.

The successful proponent shall designate, in writing, a project manager and all coordination of services between Halifax Regional Municipality and the successful proponent shall be the responsibility of the respective project managers.

The proponent shall submit an invoice for services provided to:

Halifax Regional Municipality P.O. Box 1749, Halifax, Nova Scotia B3J 3A5 Attn: Accounts Payable

The invoice shall contain the following information: Purchase Order Number Period of Work; Itemized List of Personnel and Services Provided;

Payment shall be made upon request of proper invoice from the contractor and authorized by the contract administrator. Normal payment terms for the Halifax Regional Municipality are thirty days from acceptance that the goods and/or services meet specifications.

13.0 PROPONENT’S QUALIFICATIONS

No contract will be awarded except to responsible proponents capable of providing the services contemplated.

Proponents must be primarily engaged in providing the services as outlined in this Request for Proposal.


Proponents must have an extremely comprehensive understanding in the areas listed in this Request for Proposal. Understanding and previous experience in terminal design and construction work as listed in the Scope of Work within this Request for Proposal is an essential component in the qualifying process.

Proponents shall have a proven record of having provided this service requirement. The Halifax Regional Municipality reserves the right to check all references furnished and consider the responses received in determining the award of this proposal.

The proponent’s personnel, consultants and management to be utilized in this service requirement shall be knowledgeable in their areas of expertise, professionally accredited and licensed to practice in Nova Scotia. The Halifax Regional Municipality reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract.

14.0 INDEMNITY

If the contract is awarded, the successful proponent will be required to indemnify and hold the Halifax Regional Municipality harmless and against all liability and expenses, including solicitor’s fees, howsoever arising or incurred, alleging damage to property or injury to, or death of, any person arising out of or attributable to the contractor’s performance of the contract awarded.

Any property or work to be provided by the contractor under this contract will remain at the contractor’s risk until written acceptance by the Halifax Regional Municipality; and the contractor will replace, at the contractor’s expense, all property or work damaged or destroyed by any cause whatsoever.

15.0 EXCEPTIONS

The proponent shall furnish a statement on company letterhead giving complete description of all exceptions to the terms, conditions and specifications. Failure to furnish the statement will mean that the proponent agrees to meet all requirements of the Request for Proposal.

16.0 TERMINATION

Termination for Convenience: The Halifax Regional Municipality may terminate a contract, in whole or in part, whenever the Halifax Regional Municipality determines that such a termination is in the best interest of the Halifax Regional Municipality, without showing cause, upon giving written notice to the proponent. The Halifax Regional Municipality shall pay all reasonable costs incurred by the proponent up to the date of termination. However, in no event shall the proponent be paid an amount which exceeds the bid price for the work performed. The proponent shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

Termination for Default: When the proponent has not performed or has unsatisfactorily performed the contract, the Halifax Regional Municipality may terminate the contract for default. Upon termination for default, payment will be withheld at the discretion of Halifax


Regional Municipality. Failure on the part of the proponent to fulfill the contractual obligations shall be considered just cause for termination of the contract. The proponent will be paid for work satisfactorily performed prior to termination, less any excess costs incurred by the Halifax Regional Municipality in re-procuring and completing the work.

17.0 AWARD OF PROPOSALS

HRM reserves the right to modify the terms, or cancel, or reissue the Request for Proposals at any time at its sole discretion. Although proposals will be assessed in light of the evaluation criteria, HRM is not bound to accept the lowest priced or highest scoring proposal or any proposal. HRM reserves the right to reject any or all proposals and to award the contract in its entirety, or in part, whichever, in its opinion, best serves the interests of HRM. HRM will not be obligated in any manner to any proponent until a contract has been duly executed. Neither acceptance of a proposal, nor execution of a contract, will constitute approval of any activity or development contemplated in any proposal that requires any approval, permit or license pursuant to any statute, regulation or by-law. Any damages arising out of a breach by HRM, including damages for any implied duty at law, are limited to the actual costs of preparing the proposal.

18.0 AVAILABILITY OF FUNDS OR LAND

i) The contractual obligations of the Halifax Regional Municipality with respect to award under this contract is contingent upon the availability of appropriated funds from which payment for this contract can be made.

ii) The contractual obligations of the Halifax Regional Municipality with respect to award under this contract in part or whole is contingent upon the availability security the rights to the lands needed.

19.0 INTERPRETATION

The contract resulting from this Request for Proposal shall be construed under the laws of the Province of Nova Scotia.

20.0 INTEGRATION

This Request for Proposal document, the proponent’s response to this solicitation, and subsequent purchase order(s) to the successful proposal contain the entire understanding between parties, and any additions or modifications hereto may only be made in writing executed by both parties.

21.0 NON-ASSIGNMENT OF CONTRACT

The proponent shall not assign the contract, or any portion thereof, except upon the written approval of the Halifax Regional Municipality.

22.0 PUBLIC INFORMATION/PROPRIETARY INFORMATION/PRIVACY

Halifax Regional Municipality Page 21 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 Public Information/Proprietary Information

The Halifax Regional Municipality is subject to the Freedom of Information and Protection of Privacy provisions contained within the Municipal Government Act at Part XX. This can be found online at: http://www.halifax.ca/irm/Leg.html. Any document submitted to the Municipality in response to this Request for Proposals is subject to this legislation and Respondents should be aware that any member of the public is entitled to request a copy of the document. In response to such a request, the Halifax Regional Municipality may be required to disclose some or all of the information in accordance with the criteria set out in the legislation, including sections 462, 480 and 481(1).

The Halifax Regional Municipality is also subject to the Personal Information International Disclosure Protection Act. This can be found online at: http://www.halifax.ca/irm/Leg.html. The Act creates obligations for the Halifax Regional Municipality and its service providers when personal information is collected, used or disclosed.. Requirements include limiting storage, access and disclosure of personal information to Canada, except as necessary or otherwise required by law.

Privacy

In compliance with section 5(1) of the Personal Information International Disclosure Protection Act (PIIDPA), HRM is required to ensure that any person information in its custody or control, which includes personal information that may be held by any of its service providers, is stored and accessed only within Canada, unless the storage of or access to the information outside of Canada is to meet the necessary requirements of its operations.

The respondent, if successful, will become the service provider and will be subject to this legislation. As such, the respondent must clearly identify whether they are able to meet the PIIDPA requirements of storage of and access to personal information only within Canada.

The proposed solution must not permit the collection, use and/or disclosure of any “personal information” (as defined by section 461(f) of the Municipal Government Act) without the consent of the individual.

In the event that the Canadian vendor is acquired by a non-Canadian company, the Canadian vendor would no longer comply with the requirements of PIIDPA. Prior to the completion of any such acquisition, the Canadian vendor shall notify HRM of the proposed acquisition. The Canadian vendor agrees, at no cost to HRM and upon reasonable notification from HRM, to provide to HRM all HRM data in electronic format, and to completely purge all HRM data, including backups, from the Canadian vendor’s possession prior to the completion of the acquisition. A certificate from an independent third party verifying that all data, including backups, has been purged shall be provided to HRM prior to the acquisition of the Canadian vendor by a non-Canadian company. Acceptable third parties include professional accountants, certified auditors and IT professionals.

23.0 INTELLECTUAL PROPERTY RIGHTS


The Halifax Regional Municipality will be the owner of the intellectual property rights, including patent, copyright, trademark, industrial design and trade secrets in any deliverable product or product developed through this contract. Licensing and marketing rights to the developed product will not be granted in the contract. Proposals regarding these rights should not be submitted in response to this Request for Proposal and will not be considered in evaluating responses. If in the future the Halifax Regional Municipality elects to commercialize the developed product, the licensing and marketing rights will be negotiated separately.

24.0 BID BOND

We enclose herewith a certified cheque or bid bond* made payable to the Halifax Regional Municipality equal to 10 percent of the Tender, to be held in escrow and dealt with as follows:

a)In the event of the above RFP being accepted within 90 days of the closing of the RFP and

our failing or declining to enter into a contract for the amount of our RFP, the said cheque/bid bond shall be forfeited to the Owner in lieu of our failure of refusal to enter into such contract.

b) In the event of our RFP not being accepted within 90 days of the closing of The RFP, the

said cheque/bid bond will be returned to us forthwith unless a satisfactory arrangement is made with us covering its retention for a further period.

c) In the event of our RFP being accepted, the said cheque/bid bond will be retained as a

guarantee of entering into a contract, to be released on receipt of a Performance Bond in the amount specified in Section 25 - Deposit and Surety. Said Performance Bond to be replaced by a Maintenance Bond covering the two year warrantee period. In cases where a certified cheque has been retained, such cheque will be released at the termination of the warrantee period.

d)The contractor, and/or supplier agrees that the Halifax Regional Municipality may apply

all payments for work completed or goods supplied, or service provided, to amounts owing to the Municipality by the contractor or supplier, including related administration of late payment charges related to the amounts owing.

25.0 DEPOSIT AND SURETY

For contracts with a value less than $100,000, bid surety and contract security is not required

For bids valued at over $100,000, the bid shall be accompanied by bid security in the

mount of 10% of the Lump Sum Price, in the form of a certified cheque, a bank draft, a money order, a bid bond, or any combination thereof, made payable without recourse, to the Halifax Regional Municipality, to be held in escrow and dealt with as called for in the 'Tender Form'.


After award, the successful tenderer shall replace the bid surety with a performance bond and Labour & Materials bond. Where the Bid Surety has taken the form of a certified cheque, the security of the successful bidder will be returned when he has fully complied with the conditions for performance surety outlined in the tender documents. .

For contracts with a value of $100,000 to $250,000 contract security may be in the

form of either a bond in the amount of 50% of the Lump Sum Price or alternatively, a certified cheque or irrevocable letter of credit in the amount of 15% of the Lump Sum Price. For contracts with a value greater than $250,000 but less than $500,000 contract security may be in the form of a bond in the amount of 50% of the Lump Sum Price or alternatively, a certified cheque or letter of credit in the amount of 20% of the Lump Sum Price. For contracts with a value greater than $500,000, security will only be accepted in the form of the 50% performance and labour and material bond.

26.0 INSURANCE .1 The Contractor will provide and maintain insurance as required by the rest of this

Schedule. All Policies (except those under section 2(b) and 2(e)) will be in the joint names of the Owner, Halifax Regional Municipality and the Contractor, will include all Sub-Contractor’s, the Owner’s Representative and the Contractor’s Consultants as unnamed Insureds and will otherwise comply with the rest of these Insurance Conditions. All policies (except those under sections 2(b) and 2(e)) will preclude subrogation claims by the Insurer against anyone insured thereunder. Certificates of Insurance evidencing types of coverage in place and policy limits will be provided to Halifax Regional Municipality prior to work commencing. Halifax Regional Municipality retains the right to review all policy wordings. All policy wordings to be in a form and with Insurer’s reasonably acceptable to Halifax Regional Municipality, licensed to do business in Nova Scotia.

.2 The insurance that the Contractor will provide and maintain is as follows:

a) The Contractor will provide and maintain (Wrap Up) Comprehensive or Commercial General Liability insurance specifically named for the Project, subject to limits of not less than $10,000,000.00 inclusive per occurrence and a deductible of not more than $10,000.00 per occurrence, for bodily injury, death and damage to or loss of property, including loss of use thereof and including coverage for:

i) Premises and operations liability, personal injury, liability, Owner’s and Contractor’s protective liability, blanket written and oral contractual liability.

ii) Owner’s and Contractor’s contingent protective liability with respect to the operations of persons, Firms or Corporations having a contract for the execution of a part or parts of the work included in the Contract.

iii) Products Hazard or Completed Operations liability which will be


maintained for 24 months from the date of Substantial Performance.

iv) Blanket contractual liability

v) Cross liability and separation of interest with respect to each Insured

vi) Elevator and hoist liability

vii) Contingent employer’s liability

viii) Personal injury liability

ix) Shoring, blasting, excavating, underpinning, demolition, pile driving and caisson work, work below ground surface, tunneling and grading, as applicable

x) Liability with respect to non-owned licensed vehicles

xi) Liability with respect to owned and non-owned aircraft and watercraft, as applicable

xii) Sudden and accidental pollution liability coverage on an occurrence basis for all insured perils, a one hundred and twenty (120) hours detection or discovery requirement clause shall be permissible

xiii) Broad form occurrence property damage

xiv) Employer’s liability and contingent employee’s liability

xv) Coverage for hazardous operation including shoring, blasting, excavation, underpinning, demolition, pile driving and caisson work, hoist liability and similar operations associated with the work

b) The Contractor will provide and maintain liability insurance in respect of

vehicles owned, leased or rented by the Contractor and Sub-Contractors, subject to limits of not less than $2, 000,000. inclusive per occurrence

c) The Contractor shall provide and maintain for the length of the project, All

Risk Builders Risk (Course of Construction insurance) to ensure the “work” during the construction period and all of the elements destined for incorporation into the work, while on site or in transit and shall include coverage for the cost of demolition, debris removal, contamination and increased cost to repair or replace, resulting from application of By-Laws and Ordinances. Coverage will be for replacement cost value

i) Be in the joint names of the Owner and the Halifax Regional Municipality and the Contractor, will include the interest of the Owner and the Halifax Regional Municipality, the Contractor, Sub-Contractors and all others having


an insurance interest in the work

ii) Include all Sub-Contractors as unnamed Insured or, if they specifically request, as Named Insured.

iii) Preclude subrogation claims by the Insurer against anyone insured thereunder

iv) Be provided by a Builder’s Risk policy and insure against all risks of direct loss or damage, including flood and earthquake, subject to any inclusion expressly specified in the Contract and will apply to all material, equipment, machinery, labour and supplies of any nature whatsoever, the property of the Insured or others for which the Insured may have assumed responsibility, to be used in or pertaining to the site preparation, demolition of existing structures, erection, fabrication, reconstruction or repair of the work, or the site and in transit, subject to the exclusions of the policy specified

v) Provide coverage for damage to the work as a result of an accident to any pressure vessel or vessel under vacuum during the period of such policies up to certification or being placed in operation and

vi) Apply to both the installation and testing phases

vii) Designated as primary to any other insurances held by Halifax Regional Municipality

viii) Include coverage for property while in transit including loading, unloading and while in temporary storage

d) The Contractor will provide and maintain all-risks Contractor’s equipment

insurance protecting all machinery and equipment used by the Contractor in the performance of the work for the value of any such machinery and equipment

e) The Contractor (through their design Professionals) will provide Wrap Up

Professional Liability insurance with respect to professional liability (specifically named for the Project) including Errors & Omissions, with a limit of not less than $2,000,000. per occurrence with respect to the Project alone and with a deductible of not more than $25,000. per occurrence, with an extended discovery and reporting period for five (5) years after the date of final completion. This insurance shall be primary insurance without the right of contribution of performance bond.

.3 All Builders Risk property insurance will be maintained continuously until 10 days

after the date of the Contractor’s final payment application to the Owner. .4 All insurance policies will provide that in the event of a loss, payment for damages to

the work will be made to the Owner and the Contractor as their respective interests


may appear. The Contractor will act on behalf of the Owner and Halifax Regional Municipality and itself for the purpose of adjusting the amount of such loss with the Insurers. On the determination of the extent of the loss, the Contractor will immediately proceed to restore the work and will be entitled to receive from the Owner (in addition to any sum due under the Contract) the amount at which the Owner’s interest in the restoration work has been appraised, to be paid as the work of the restoration proceeds and in accordance with the Contractor’s payment application, but only to the extent that the Owner actually receives payment from the Insurer or Insurers in respect of that loss and the Owner is not liable to pay the Contractor anything in any other case. If policies are structured in layers, “drop down” provision for repairs or exhausted aggregates in underlying insurance is required. (Automatic reinstatement of aggregate limits in underlying layers acceptable alternative)

.5 The Contractor will, from time to time at the request of the Owner, provide to the

Owner proof satisfactory to the Owner, acting reasonably, that all policies of insurance required by these Insurance Conditions are in force, unamended and not canceled and that any premiums due therefor have been paid in full.

.6 All Insurance policies (except under Section 2(b)) under these Insurance Conditions

will contain an endorsement to provide all Named Insured with prior notice of changes and cancellations and such endorsement will be in the following form:

“It is agreed that the coverage provided by this Insurance will not be changed or amended in any way, nor canceled until 30 days after notice of such change or cancellation has been given to all Insured.”

.7 If the Contractor fails to comply with these Insurance Conditions in any respect, the

Owner may, in it’s sole discretion, perform the Contractor’s obligations under these Insurance Conditions, at the expense of the Contractor and any expense so paid by the Owner will be repayable to the Owner on demand or by deduction by the Owner from any payment owing by the Owner under the Contract and until so paid, will bear interest at the Default Rate. Nothing in this section places any obligation on the Owner to act under this section or relieves the Contractor from it’s obligations under these Insurance Conditions.

.8 The Contractor will require all it’s Contractor’s and Sub-Contractors, of every

description, to provide and maintain insurance as required by Section 2(b) and (d) of these Insurance Conditions and those sections will, with respect to any such Contractor’s and Sub-Contractors, be read as if those sections referred to them. The Contractor will be responsible for obtaining Certificates of Insurance from their Contractor and Sub Contractors and will upon request, provide same to Halifax Regional Municipality for review.

.9 The Contractor will be responsible for any and all deductibles payable in any of the

foregoing policies. .10 Workers Compensation, the Contractor shall at all times, pay or cause to be paid, any


assessment of compensation required to be paid pursuant to the Worker’s Compensation Act. Upon failure to do so, the Owner may pay any such assessment or compensation to the Workers Compensation Board and the amount of such payment shall, at the option of the Owner, be payable by the Contractor to the Owner on demand or the Owner may deduct the amount of such payment from any monies then or thereafter becoming due and payable to the Contractor under this contract. The Contractor shall at the time of entering into this contract, deliver to the Owner, a statutory declaration sworn by a Director or Officer of the Contractor stating that all assessments or compensation payable to the Worker’s Compensation Board have been paid and the Owner may at any time during the performance and upon completion of the work, require a further statutory declaration. The Contractor unconditionally guarantees to the Owner, full compliance with the conditions, regulation and laws relating to Workers Compensation by itself and by all Contractors or Sub Contractors.

27.0 POST-BID SUBMISSIONS

.1 To be eligible to receive award of Contract the Contractor shall provide within 48 hours after the tender closing but before award of Contract a copy of the following documents:

Evidence of compliance with the requirements of the Province of Nova Scotia with respect to Workers’ Compensation Safety Audit Program. This shall be in the form of a current and valid letter of Good Standing issued by a safety audit firm endorsed by Worker’s Compensation Board of Nova Scotia (WCB) to audit for the type of work covered by this tender. The letter must indicate that the tenderers current standing falls into one of the following categories:

.1 Certificate of Recognition .2 Audit Pending

Where the Proponent has not yet obtained a Certificate of Recognition, the Proponent must submit a letter from the WCB endorsed audit firm indicating the Proponent is “in the process” (maximum six (6) months) of obtaining the Certificate of Recognition. “In the process” has been defined as the completion of the four mandatory courses (Safety Basics, Safety Orientation, Safety Audit and Leadership) and completion of training required by the Occupational Health and Safety Act (such as, but not limited to WHMIS, TDG, TCP, Confined Space and First Aid) and for a period no greater than six (6) months.

.2 The Contractor shall also provide evidence of compliance with the requirements of

the Province of Nova Scotia with respect to Workers’ Compensation Insurance including payments due thereunder. WCB Clearance Letters provide clarity as to who is covered and who is not covered for individual firms (e.g. Directors not taking a T4 from the company are excluded from coverage, owners of sole proprietorships and partnerships are excluded from coverage, family members living in the household of a director, proprietor or partner are excluded from coverage) It will be the responsibility of the Principal Contractor to ensure coverage is in place for their


employees and employees of any their sub-contractors. Individuals not covered by WCB are not permitted on Halifax Regional Municipality property.

.3 At any time during the term of the Contract, when requested by the Owner, the

Contractor shall provide such evidence of compliance for both of the above requirements.

28.0 COMPETENCY OF BIDDER

The HRM intends to only contract with responsible bidders who are in the business of providing the goods and/or services bid upon and can provide proof that they can furnish satisfactory performance based on past work experience with the HRM, other companies, or government agencies, and have the financial, managerial, and resource capabilities for the size of project bid upon. Satisfactory performance includes meeting all of the requirements of the various federal and provincial regulations and agencies for completion of work and making payments to subcontractors in a timely basis. The evaluation process may include reference checks, third party credit checks, site visits, and/or your firm may be asked to allow the HRM to complete personal credit and/or criminal record checks if company information is not available or adequate. Bidders found unacceptable during the evaluation process will not be given further consideration.

29.0 THE OWNER’S RIGHT TO TERMINATE CONTRACT .1 If the Contractor will be adjudged as bankrupt; or .2 If the Contractor should make a general assignment for the benefit of his creditors; or .3 If a receiver should be appointed on account of the Contractor's insolvency; or .4 If the Contractor should persistently or repeatedly refuse or fail, except in cases for

which extensions of time are provided, to supply enough properly skilled workmen or proper materials to complete the work; or

.5 If the Contractor should fail to make prompt payments to Sub-contractors or for

materials or labour, or persistently disregard Codes, By-laws, or Ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon that sufficient cause exists to justify such action, may, without prejudice to any other right of remedy and after giving the Contractor seven (7) days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administrative services, such excess shall exceed such unpaid balance the Contractor shall pay the difference to the Owner.

.6 The expense incurred by the Owner herein provided, and the damage incurred


through the Contractor's default, shall be determined by HRM. .7 Where the Contractor has been terminated by the Owner, said termination shall not

affect or terminate any of the rights of the Owner as against the Contractor or his Surety then existing or which may thereafter occur because of such default. Any retention of payment of monies by the Owner due to the Contractor under the term of the Contract shall not release the Contractor or their Surety from liability for their default.

30.0 REMOVAL OF EQUIPMENT AND SUPPLIES

In the case of termination of this Contract, before completion for any cause whatsoever, the Contractor, if notified to do so by the Owner, shall remove any part or all of their equipment or supplies from the property of the Owner within seventy-two (72) hours after receiving written notice. Failing this, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor.

31.0 NOTICE OF COMPLETION

When work is complete, request in writing that a final inspection be made by the Owner. Upon the Owner’s and/or HRM's concurrence that the work is complete, attend the final inspection and participate in the preparation of a deficiency list.

32.0 DEFICIENCY CORRECTIONS

Correct all deficient items and advise HRM and/or Owner in writing when complete. 33.0 COMPLETION CERTIFICATE

If all deficiencies are found to be complete after a final takeover inspection, the Owner shall issue a completion certificate. The date shown on the completion certificate shall commence the 60 day Lien Period and all guarantee and warranty periods.

34.0 TAXES

When invoicing, all taxes should be shown as a separate item. Since the owner is entitled to claim a rebate of the HST taxes paid under this contract, the contractor shall prepare and submit copies of all invoices showing all taxes paid for all materials purchased for this contract by the contractor and sub-contractors. The list shall be provided to the Owner at the time of the contractor's application for a certificate of total performance.

35.0 PAYMENTS FOR THE WORK

Subject to such amounts as may be payable by HRM to the Design-Builder following Substantial Performance in accordance with the Contract, the Design-Builder will be paid for the Work in monthly instalments on the basis of payment applications submitted by the Design-Builder to HRM’s Representative in accordance with this Section, as follows:


35.1 Payment and Schedule of Prices

The Design-Builder will submit to HRM's Representative, at least 14 Days before the first payment application, a payment application form showing a breakdown of the Schedule of Prices into the various parts of the Work, confirming that such portion of the Work which is required to be completed in order to receive payment has actually been completed and aggregating the total amount of the Contract Price and divided so as to facilitate evaluation of applications for payment.

The payment application form will be supported by a statutory declaration from an officer of the Design-Builder and the certificate of the Design-Builder’s Consultant and such evidence as HRM's Representative may reasonably require including an updated Construction Schedule and, when approved by HRM's Representative, such first payment application form will be used as the basis for all subsequent payment applications unless at any time during the performance of the Work such form is found to be in error, in which case the payment application form will be corrected in accordance with the reasonable requirements of HRM's Representative.

35.2 Applications for Payment

The Design-Builder will date each payment application the last Day of the Month and the Design-Builder will claim the value of Work actually performed and material actually delivered to the Work Site, based on the approved Schedule of Prices. HRM will pay for materials delivered to the Work Site but not yet incorporated into the Work, but only if arrangements satisfactory to HRM’s Representative, acting reasonably, have been made, including evidence of transfer of ownership to HRM, and protection against damage or theft.

35.3 Payment Application Documentation

Each payment application for the Work will be supported by the documentation acceptable to HRM’s Representative in their sole discretion, without amendments or reservations. Each Application for Payment must be certified by the Design-Builder’s Consultant before it can be submitted to HRM's Representative. The certification of the Application for Payment by the Design-Builder’s Consultant will constitute a representation by the Design-Builder’s Consultant to HRM, based on the Design-Builder’s Consultant’s observations at the Work Site and the data comprising the Application for Payment, that to the best of the Design-Builder Consultant’s knowledge, information and belief, the Work has progressed to the point indicated; that in the opinion of the Design-Builder Consultant, the quality of the Work is in accordance with the Contract Documents; and that the Design-Builder is entitled to payment under the Contract Documents in the amount certified.

35.4 Payment Certification

HRM's Representative will, not later than10 Days after the receipt of a proper payment application from the Design-Builder, issue a certificate for payment in the amount applied for or in such amount as HRM's Representative determines to be properly due. If HRM's Representative amends the application, HRM's Representative will promptly


notify the Design-Builder in writing and give reasons for the amendment.

HRM’s Representative is free to consult with HRM’s Consultant regarding the sufficiency and accuracy of each application for payment and the Design-Builder and the Design-Builder’s Consultants will answer any questions and provide any information or documentation which HRM’s Representative or HRM’s Consultant, acting reasonably, may request in support or clarification of a payment application.

The Payment Certificate will set out, based on the Design-Builder’s payment application:

(i) the total value of the Work completed, including design, construction and materials incorporated into the Work;

(ii) the total value of each item of Work based on the Schedule of Prices as accepted by HRM’s Representative;

(iii) all holdbacks, if any;

(iv) the total amount owing by HRM to the Design-Builder; and

any amounts owing by the Design-Builder to HRM, including amounts which under the Contract HRM may set off from payments owning to the Design-Builder.

35.5 Payment

HRM will make each progress payment to the Design-Builder on account of the Work no later than 30 Days after the issuance of a certificate for payment by HRM's Representative provided that no claims in respect of builders’ liens are then registered against the title to the Project in connection with the Work. No payment made by HRM under the Contract, or partial or entire use or occupancy of the Project by HRM, will constitute an acceptance of any portion of the Work that is not in accordance with the Drawings or Specifications or other requirements of this Contract.

35.6 Builder’s Lien Act to Prevail

Subject at all times to any provision to the contrary in the Contract, HRM and the Design-Builder agree that if any provision of the Contract is or becomes inconsistent with the Builders' Lien Act (Nova Scotia), then the Builders' Lien Act (Nova Scotia) will prevail to the extent of such inconsistency.

35.7 Builders’ Lien Holdback

HRM will deduct from each progress payment (and other payment) made to the Design-Builder a holdback pursuant to and in the amount required by the Builders' Lien Act (Nova Scotia).

35.8 Release of Holdback

Subject to the provisions of the Contract, and in accordance with the applicable


provisions of the Builders' Lien Act (Nova Scotia), HRM shall, following issuance of the Certificate of Substantial Performance, pay to the Design-Builder that portion of the unpaid balance of the holdback maintained in accordance with the Builders’ Lien Act (Nova Scotia) which the Act requires be released (75% of the holdback, with the remaining 25% of the holdback being release 60 days after Total Completion of the Project). Such amount shall be payable by HRM following achievement of Substantial Performance and receipt from the Design-Builder of application for payment of the holdback together with

(i) a statutory declaration that all subcontractors, labour and accounts for materials and equipment incurred in the Project have been paid in full except for amounts properly retained as a holdback or as an identified amount in dispute; and

(ii) an opinion of legal counsel retained by the Design-Builder that there are no undischarged claims of lien registered at the Registry of Deeds office at Halifax, Nova Scotia.

Notwithstanding anything in this Contract, no amount required to be held back under the Builders’ Lien Act shall be considered due and payable until at least one day following the expiration of the holdback period stipulated under that Act.

35.9 Discharge of Builders’ Liens

HRM may, in addition to other holdbacks as provided by the Contract Documents, and in addition to the builders’ lien holdback described above, hold back an amount equal to any lien which has been filed with respect to the Work, plus a reasonable amount as security for costs. HRM may, at its option, after 5 Days written notice to the Design-Builder, pay such amount into court to vacate or discharge the lien, or in the alternative, require the Design-Builder to provide security and make application to discharge the lien. If the lien is vacated or discharged without payment of the holdback into court, then HRM will pay such holdback to the Design-Builder, without interest, after deducting the actual costs incurred by HRM on a full indemnity basis.

35.10 Builders’ Liens

Except with respect to a claim for non-payment by HRM to the Design-Builder, the Design-Builder will at its own cost and expense, forthwith after HRM has sent to Design-Builder written notice of any such claim, cause any and all builders’ liens, other statutory liens, and claims of lien for labour services or materials furnished or alleged to have been furnished with respect to the design, construction or other part of the Work, that are registered against or otherwise affect the Land, the Facility, or any part thereof to be paid, satisfied, released or vacated; including legal proceedings, if required. Or provide such other security or remedy as HRM in writing acting reasonably approves. In the event of a bona fide dispute as to the validity of any such claim (excepting only claims filed by the Design-Builder for the non-payment by HRM to the Design-Builder), the Design-Builder, subject to the written consent of HRM, shall defend or cause the same to be defended on behalf of itself and HRM, at the Design-Builder’s expense, after first taking such steps as are


necessary to remove all registrations in connection with such claim from title to the Land and shall indemnity HRM to the extent necessary. HRM hereby authorizes the Design-Builder to make such applications or to commence or participate in any legal proceedings in the name of HRM (but at the expense of the Design- Builder) as the Design-Builder may consider necessary to perform its obligations under this section.

35.11 Application for Certificate of Substantial Performance

The Design-Builder’s application for the Certificate of Substantial Performance will be supported by a certificate from the Design-Builder’s Consultant that the Work completed to date has been completed in accordance with the Drawings and Specifications and providing a list of deficiencies and the Design-Builder’s estimated cost to rectify the deficiencies.

The Design-Builder will ensure that the following events are completed prior to the application for the Certificate of Substantial Performance (and agrees that the cost of completing such events does not exceed two and one half percent (2½%) of the Contract Price):

(i) the performance of the Work shall have been completed with the exception of those items specified in the deficiency list (“punchlist”) jointly prepared by the Design-Builder and HRM and agreed to by HRM. All punchlist items shall be of such a nature that their completion shall not in any material way impair the normal daily operation of the Project nor in any way reduce or require the reduction of the useful capacity of the Project;

(ii) the Project shall be ready to be occupied and operated in compliance with the Contract and all permits or authorizations for which the Design-Builder is responsible for satisfying under the terms of the Contract Documents including any Occupancy Permit;

(iii) the Design-Builder shall have assigned or caused to be assigned, where applicable, and delivered to HRM all guarantees, warranties (whether from manufacturers, suppliers or subcontractors), and applicable certificates, distribution system diagrams, permits and approvals relating to the Project, spare parts or materials left over together with any other material or documentation required to be submitted under the Contract Documents. To the extent that delay in delivery will not impair the safety, security or health of occupants of the Project or the extent that HRM is satisfied that any such warranties, guarantees or other deliverables will be delivered within a reasonable period of time, the delivery of such items will be included in the punchlist referred to above. Any assignment by the Design-Builder shall expressly reserve HRM’s rights to make any claims under guarantees and warranties for the repair or replacement of the Work and such assignments shall in no way prejudice any rights or benefits of HRM pursuant to such guarantees or warranties.

(iv) the Design-Builder shall have delivered to HRM a certificate of the Design-Builder’s Consultant certifying that all of the preceding conditions have been satisfied;


35.12 HRM’s Inspection

HRM's Representative will, immediately after the receipt of an application from the Design-Builder for a Certificate of Substantial Performance, complete an inspection and assessment of the Work to verify the validity of the application. HRM’s Representative may be accompanied by HRM’s Consultant and such other consultants as HRM considers necessary in such inspection and assessment.

HRM's Representative will, not later than 10 Days after completing the inspection, notify the Design-Builder of approval, or the reasons for disapproval, of the application.

When HRM's Representative, in consultation with HRM’s Consultant, finds that Substantial Performance of the Work has been reached, HRM's Representative will, 3 Days after approval, issue a Certificate of Substantial Performance. The date of Substantial Performance of the Work will be as stated in the Certificate of Substantial Performance.

35.13 List of Deficiencies

Upon application for the Certificate of Substantial Performance, HRM’s Representative, HRM’s Consultant, the Design-Builder and the Design-Builder’s Representative will inspect the Work and identify any defects or deficiencies in the Work which are outstanding. Prior to or concurrently with the issuance of the Certificate of Substantial Performance of the Work, HRM's Representative will issue a list of defects and deficiencies in the Work, and, in consultation with the Design-Builder, establish a schedule for the correction or completion of all defects or deficiencies and a date for Total Completion. Failing to include an item on the list does not alter the responsibility of the Design-Builder to complete the Work in accordance with this Contract.

35.14 Waiver

The submission of an application for the Certificate of Substantial Performance or for any payment due thereunder shall constitute a waiver by the Design-Builder, or the Subcontractor, as the case may be, of all claims whatsoever against HRM under this Contract or any subcontract arising thereunder, whether for a change in the Contract Price, or for any extension of time, or otherwise except those claims made in writing prior to the Design-Builder’s application for payment, and still unsettled.

35.15 Holdback for Defects and Deficiencies

In addition to any other holdbacks as provided in the Contract Documents, at the time of Substantial Performance, HRM may hold back an amount equal to 200% of the cost which HRM’s Representative, acting reasonably and in consultation with HRM’s Consultant, estimates will be incurred to correct or complete any defects or deficiencies in the Work which remains to be completed in order to achieve Total Completion, except for Work which has been delayed due to climatic conditions, in which case the holdback will be 110% of the estimated cost of such Work. Such holdbacks will be retained by HRM until Total Completion is achieved and if Total


Completion is not achieved by the completion date for the Project, HRM may undertake such work as is necessary to achieve Total Completion and may apply such holdbacks to the costs incurred by HRM in so doing, including a fee of 20% of such costs on account of HRM’s cost of management and overhead, and without prejudice to the right of HRM to recover such costs and fee from the Design-Builder to the extent that they exceed such holdbacks.

35.16 Application for Final Payment

When Design-Builder considers Total Completion has occurred, the Design-Builder shall submit an application for payment of the remaining holdback amount together with:

(i) a statutory declaration that all subcontractors, labour and accounts for materials and equipment incurred in the Project have been paid in full except for amounts properly retained as a holdback or as an identified amount in dispute;

(ii) a clearance certificate from the Workers’ Compensation Board for each relevant subcontractor (determined in accordance with the requirements from time to time of applicable law, industry and HRM practice and WCB policy);

(iii) a signed itemized list of taxes paid, if any; and

(iv) an opinion of legal counsel retained by the Design-Builder that there are no undischarged claims of lien registered at the Registry of Deeds office in Halifax, Nova Scotia;

HRM’s Representative acting reasonably will, no later than five (5) days after the receipt of such application together with the documents acceptable to HRM’s Representative in their sole discretion, review the Work, notify the Design-Builder whether HRM considers the application is valid or give a list of remaining or outstanding defects or deficiencies of which HRM’s Representative is aware or any other reasons why the Design-Builder’s application for final payment is not valid.

When HRM’s Representative finds that Total Completion has occurred, he will issue to HRM and the Design-Builder a final certificate for payment and a Certificate of Total Completion.

Subject to the provisions of the Contract and the applicable provisions of the Builders’ Lien Act, HRM shall no later than ten (10) days after issuance of a final certificate for payment and the expiration of the period during which all liens may be claimed against that holdback, pay the Design-Builder the unpaid balance of the Contract Price subject at all times to HRM’s right to withhold payment of any portion or all of such payment that it deems necessary for the protection against claims which HRM may have against the Design-Builder under this Contract, such payment shall not in any way be construed as an acceptance of all or any part of the Work, nor shall it constitute a waiver by HRM of any or all rights or claims.

36.0 GUARANTEE/WARRANTY

Halifax Regional Municipality Page 36 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 .1 The contractor, in addition to any specific guarantees called for, shall and hereby

warrant and/or guarantee, for a period of 24 months from the date of substantial performance, all work called for in the plans and specifications, including any additional work approved and accepted as an extra to the contract.

.2 The contractor shall furnish the owner with original copies of all guarantees called

for under other divisions of this specification. .3 Upon written notice during the guarantee period, immediately replace, repair or

otherwise make good all defective work, materials or equipment at no additional cost to the Owner.

.4 The contractor shall be responsible for coordinating and expediting the correction of

any deficiencies of his own work or the work of his sub-trades covered by this warranty.

.5 Nothing in the above implies that this guarantee shall apply to work which has been

abused or improperly maintained by this owner or his successor in interest. 37.0 PROTECTION

Construct and maintain hoarding and other temporary guards and enclosures where and as may be required for the protection of the Public, the adjoining properties, and employees on the work. Properly and continuously maintain such temporary protection during the progress of the work, and remove on completion. The contractor shall also be responsible for the security of the work from looting or damage until end of Contract.

38.0 CLOSING DOWN WORK

Should work be closed down for any cause, the contractor shall assume full responsibility for its proper protection during such period and shall make good at their own expense any damage that occurs due to their failure to provide proper protection.

39.0 UTILITIES .1 Obtain and pay for all water, gas and electricity and other utilities used by all trades

during construction. Provide and pay for temporary heat as required for the satisfactory completion of the work.

.2 The contractor shall be responsible for all Public Utilities encountered in their work.

They shall notify the proper authorities, make all necessary arrangements and do all work required to connect any applicable service. They shall consult all Public Utility records and become informed of the location and extent of all utilities which may be, or are, associated with their work. All work shall meet the requirements of the authority having jurisdiction.

40.0 MINIMUM STANDARDS


In the absence of other standards being required by the contract documents, all work shall conform to or exceed the minimum standards of the Canadian Government Specification Board, the Canadian Standards Association or the National Building Code of Canada (2005), whichever is applicable.

41.0 PROTECTION OF WORK AND PROPERTY .1 The Contractor shall protect the Work and the Owner’s property and property

adjacent to the place of the Work from damage, and shall be responsible for damage which may arise as the result of operations under the Contract.

.2 Should the Contractor in the performance of this Contract damage the Work, the

Owner’s property or property adjacent to the Place of the Work, the Contractor shall be responsible for the making good of such damage at the Contractor’s expense.

42.0 DAMAGE

Contractor shall bear the cost of making good all damage to the site, lawn areas, trees, fencing, building, etc., resulting from his operations under the contract.

43.0 HEALTH AND SAFETY ACT

Every constructor shall take every precaution that is reasonable in the circumstances to ensure that every employee, self-employed person and employer performing work in respect of the project complies with the latest revision of the Nova Scotia Health and Safety Act and the Regulations, HRM Health and Safety Regulations (available for viewing at HRM Procurement Office, 1st Floor Alderney Gate, 40 Alderney Drive, Halifax, Nova Scotia) and all other safety measures as required by authorities having jurisdiction.

44.0 SITE SAFETY PLAN

Before being permitted access to the site to commence construction, the contractor shall provide the Owner with a written site safety plan. The site safety plan provided shall be a written course of action that, through a pre-job evaluation, identifies and sets out specific actions to be taken to eliminate or control, hazards associated with the work to be performed and to also deal with concerns or hazards that may develop during the course of the project. This plan shall include but not be limited to identification of safety hazards anticipated during the project, solutions to those hazards, safety procedures, identification of designated safety officers and provisions for safe access to the site for HRM staff and contractors. Receipt and acceptance of the safety plan shall be mandatory prior to commencement of work.

45.0 VALUATION OF CHANGES .1 The valuation of any changes in the work shall be determined in one or more of the

following ways:


.1 By estimate and acceptance in a lump sum, submitted with sub-contractors' and suppliers' signed quotations and breakdown of estimates for material and labour.

For changes where the individual trade cost is anticipated to be less than $1000,

the requirement for the detailed cost breakdowns may be waived but the individual trade quotation must be supplied.

.2 By unit prices agreed upon or as listed in the Contract. .3 Cost of work and percentage or by cost and fixed fee.

.2 In cases of additional work to be paid for under method .3, the Contractor shall keep

and present in such form as the Project Manager may direct, a correct account of the net cost of labour and materials, together with vouchers. The Project Manager shall certify to the amount due to the Contractor including the profit and overhead as described in the Schedule. Pending final determination of value, payments on account of changes shall be made on the Project Manager's certificate.

.3

.1 In determining methods .1 or .3 above, the labour costs shall be calculated by the actual estimated hours at an hourly rate calculated as follows:

The hourly rate shall be the total payroll costs including hourly wage, statutory contributions to UIC, WCB and CPP and other applicable labour burdens paid directly by the employer such as vacation pay, holiday pay and pension plan. The Owner reserves the right to verify the payroll costs by independent audit.

The following percentages shall apply to the total payroll costs:

- small tools/expenditures: 5% (on payroll costs) - site supervision: 5% (on payroll costs)

.2 In determining methods .1.1 and .1.3 above, the material costs shall be calculated as follows:

Contractors' net costs, including contractor discounts from suppliers, FOB the project site plus applicable taxes.

.3 In determining methods .1.1 and .1.3 above, equipment rental costs for major

pieces of equipment required shall be at local industry rates. .4 In determining methods .1.1 and. 1.3 above, overhead and fees shall be

calculated as follows:

The cost of any authorized change shall be determined by the net total of labour and


material or equipment as outlined in .1.3.1, .1.3.2, and .1.3.3 on which the percentage mark-up shall be determined as follows:

For Each Change Up To $5000: Sub-contractors' own work - Overhead & fee - 15% total Design-Build Contractors own work - Overhead & fee - 15% total Design-Build Contractors' on Sub-contractors' work - 10% total (No percentage mark-up shall be applied to deductions) For Each Change Above $5000: Sub-contractors' own work - Overhead & Fee- 10% total Design-Build Contractors' own work - Overhead & Fee- 10% total Design-Build Contractor on Sub-contractors' work - 8% total (No percentage mark-up shall be applied to deductions) Overhead and fee to include all normal overhead costs such as head office supervision, insurance, bonds, site and head office expense etc.

46.0 DISPOSAL OF MATERIALS

All construction and/or demolition material within the structure, as well as all construction and/or demolition material from the structure and from the property is to be delivered to a Construction and Demolition facility holding a valid license issued by the Administrator of the HRM By-Law L-200. Receipts from the HRM licensed Construction and Demolition facility confirming delivery of the construction and demolition materials from the same structure and property are to be submitted to the Project Coordinator before payment will be issued. Inert C&D materials from the structure and property may be used for rehabilitation / infilling within gravel pits or quarry operations as defined by the Provincial government or as approved by HRM as defined in HRM Lot Grading By-Law.

47.0 CONFIDENTIALITY

The selected proponent agrees not to release or in any way cause to release any confidential information of the Halifax Regional Municipality unless they have been specifically approved to so in writing.

48.0 ADDED VALUE

HRM is interested in maximizing the value of expenditures as it relates to achieving additional value that would further benefit HRM and its operation, as well as its community


of citizens and their tax based funding. As such, bidders are encouraged to consider, develop and propose added value concepts, programs, components and the like that would further enhance the proposed acquisition represented in this solicitation request.

49.0 DEBRIEFING

HRM offers debriefing to unsuccessful proponents. An unsuccessful proponent must request a debrief in writing within five (5) business days after receiving a Letter of Notification. Upon timely receipt, the Municipality will contact the interested proponent to arrange a date, time and place for the debrief, which normally will be conducted in person.

50.0 CLOSING STATEMENT

HRM would like to express their appreciation to proponents for wishing to assist us in our continuing quest to provide the highest quality services, cost effectively and efficiently.

Halifax Regional Municipality Page 41 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 51.0 O. H. & S DECLARATION Occupational Health and Safety Division Nova Scotia Department of Environment and Labour 5151 Terminal Road, 6th Floor P.O. Box 697 Halifax, Nova Scotia B3J 2T8 NOTICE TO NOVA SCOTIA DEPARTMENT OF ENVIRONMENT AND LABOUR This is to advise the Nova Scotia Department of Environment and Labour, the Owner and the Contractor that if we, (Tenderer’s Name), are successful on the tender for the Design-Build: Washroom Facilities and Site work at Chocolate Lake and Albro Lake Beaches that we will be the Contractor for the work and therefore will be the Constructor as defined by the Nova Scotia Occupational Health and Safety Act. We will have control of the physical work and labour force and shall effectively direct and supervise the work. We will be solely responsible for construction means, methods, techniques, sequences and procedures and for coordinating the various parts of the work under the contract. We shall be solely responsible for construction and worker safety at the place of the work and to ensure compliance with all rules, regulations, acts and practices required by applicable Construction Safety Legislation including the Nova Scotia Occupational Health and Safety Act, and the Occupational Safety General Regulations (pursuant to the Occupational Health and Safety Act) and the Human Resources Development Canada, Canada Labour Code. Contractor’s Name Authorized Representative’s Signature Date

Halifax Regional Municipality Page 42 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 APPENDIX 1 - PROPOSAL SUBMISSION FORM I/We hereby agree to provide to Halifax Regional Municipality all services, labour and materials required to complete the assignment described in the Request for Proposals dated June 24, 2013 and our proposal dated _________________. Proponent Information _____________________________ ________________________________ Name of Proponent Project Contact _____________________________ ________________________________ Proponent’s Head Office Address Telephone _____________________________ ________________________________ City Facsimile _____________________________ Postal Code Joint Venture or Partnership Information This section must be completed only if the Proponent named above is a joint venture or partnership. The following information must be provided for partners either corporate or individual. If there are more than two partners to the joint venture or partnership, please provide the same information separately for additional partners. _________________________________ Name of Partner # 1 Project Contact: _________________________________ ________________________________ Proponent’s Head Office Address Telephone _________________________________ ________________________________ City Facsimile _________________________________ Postal Code _______________________________ Name of Partner # 2: _______________________________ ________________________________ Proponent’s Head Office Address Telephone _______________________________ ________________________________ City Facsimile

Halifax Regional Municipality Page 43 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 _______________________________ Postal Code Terms of Submission I/We hereby submit our proposal for DESIGN-BUILD: Washroom Facilities and Site work at Chocolate Lake and Albro Lake Beaches for Halifax Regional Municipality as described in the Request for Proposals dated June 24, 2013. I/We understand that the lowest or any proposal will not necessarily be accepted. I/We have carefully examined all Requests for Proposals documents and have a clear knowledge of the assignment, and that by submitting this Proposal Submission Form, I/We agree to all terms and conditions of the Request for Proposals dated June 24, 2013. I/We submit the requested information outlining the team organization and deployment of resources, experience of the firm and references, qualifications of the prime contact, and team qualifications. I/We recognize that the information and references submitted may be investigated and that pertinent information may be obtained, and thereby consent to such investigation. I/We understand that the fee submitted in this Proposal Submission Form is based upon acceptance of the proposal within 90 days of the closing date established by the Halifax Regional Municipality for the receipt of proposals. I/we understand that any omission or failure to answer questions included herein may result in my/our being disqualified from further consideration in the Request for Proposals. Lump Sum Price Proposal: I/We hereby agree to provide to Halifax Regional Municipality all services, labour and materials required to complete the assignment described in the Request for Proposals dated June 24, 2013 and our proposal dated ________________, including the cost of all allowable disbursements for the Lump Sum Price of: _______________________________________________________________________ Dollars ($_______________ ) Canadian, exclusive of all applicable taxes. I/We understand that the Lump Sum Price stated above is the competitive price to be scored in evaluation of the submissions as described in Section 9, Evaluation Criteria. The Lump Sum Price is the sum of all of the following prices which account for the scope of work described .1 Planning and Design Fees $ _________________ .2 Albro Lake Site

.1 Construction Documents Completion $


.2 Construction Inspection, Contract $ ________________ Administration, Commissioning

.3 Construction Cost: .1 Existing Building Demolition $ .2 Site Development $ .3 Construction Cost $ .4 Landscaping/Planting Allowance $ 2,000

Sub-total for Albro Lake $ .3 Chocolate Lake Site (contingent on obtaining rights to use the land required)

.1 Construction Documents Completion $

.2 Construction Inspection, Contract $ ________________ Administration, Commissioning

.3 Construction Cost: .1 Site Development $ .2 Construction Cost $ .3 Landscaping/Planting Allowance $ 2,000

Sub-total for Chocolate Lake $

.4 General Allowances: .1 Signage Allowance $ 15,000 .2 Owner’s Contingency Allowance $ 10,000 .3 Optional Pricing: Cost for up-lighting the $ 6 tree vaults, including all materials and electrical work required. Total Price (excluding all taxes) $

Halifax Regional Municipality Page 45 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 We hereby acknowledge receipt of the following addenda: ADDENDUM # DATED NO. OF PAGES 1._______________________________________________________________________________ 2._______________________________________________________________________________ 3._______________________________________________________________________________ 4._______________________________________________________________________________ 5._______________________________________________________________________________ If we are notified of the acceptance of this tender within the time limit above specified, we will enter into a written agreement with the Halifax Regional Municipality and complete the entire work included in the contract within ______ days. Should we fail to complete the Contract within the specified time, or specified time as amended, we agree that damage will be sustained by the HRM and that it is and will be impracticable and extremely difficult to ascertain and determine the exact actual damage which the HRM will sustain in the event of and by any of such delay and reason we agree to pay the HRM the sum of Five Hundred dollars ($500.00) for Liquidated Damages, and not as a penalty, for each and every calendar days delay in finishing the work in excess of the Date of Completion of the work. We agree that this amount is a reasonable estimate of the actual damage to the HRM which will accrue during the period in excess of the Date of Completion of the work. Liquidated Damages payable under this paragraph are in addition to and without prejudice to any other remedy, action or alternative that may be available to the HRM. I/We agree, for the Lump Sum Price stated, to supply all labour, materials and services for the execution and completion of the assignment in accordance with the Request for Proposals and our proposal. I/We agree to provide additional consulting services when requested in writing by Halifax Regional Municipality for the duration of the assignment, to be performed by the same firms/individuals proposed and accepted for the assignment at the hourly rates stated above. I/we have received and allowed for addenda numbered ___ to ____ in preparing our proposal and this Proposal Submission Form. I/We agree, for the Lump Sum Price stated, to supply all labour, materials and services for the execution and completion of the assignment in accordance with the Request for Proposals and our proposal. I/We agree to enter into a contract with the Halifax Regional Municipality. I/We agree to provide additional consulting services when requested in writing by Halifax Regional Municipality for the duration of the assignment, to be performed by the same firms/individuals proposed and accepted for the assignment at the hourly rates stated above. I/We have the authority to bind the Proponent. _________________________________________

Halifax Regional Municipality Page 46 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 Name of Proponent or Joint Venture _________________________________________ Signature of Company Official (Signature for each official in joint venture) _________________________________________ Witness or Seal _________________________________________ Date: _______________

Halifax Regional Municipality Page 47 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 CSF-004 CONTRACTOR HEALTH & SAFETY QUESTIONNAIRE Contractors wishing to submit proposals to the Halifax Regional Municipality must complete this questionnaire and submit it to HRM Finance Department with their bid information GENERAL INFORMATION: Company Name: Company Address: Telephone Number: INSURANCE/WORKERS’ COMPENSATION COVERAGE: Is your company covered by general liability insurance, automotive insurance, Yes No umbrella policies, etc., that would cover the cost of damages to, and incidents involving third parties? Is your company in good standing with the Workers’ Compensation Board for the Province of Nova Scotia? Yes No If no, please explain SAFETY PERFORMANCE: Does your company have any non-compliance or outstanding issues with Yes No the Nova Scotia Department of Environment and Labour, such as stop work orders, pending charges/prosecutions, or recent (within the last year) convictions or fines? If yes, please attach a note explaining the details, including current status or resolution. SAFETY PROGRAM: Does your company have a written health and safety policy signed by Yes No management? Does your company have written safety policies, procedures, Yes �No and safe work practices applicable to the scope of work to be performed, including clearly defined safety responsibilities for managers, supervisors and workers? How do you communicate your safety policies and procedures? How often do managers/executive officers visit the work site? Please explain how you conduct on-site inspections, including how often they are conducted, what they cover and who conducts them? Does your company have a risk assessment procedure? Yes No

Halifax Regional Municipality Page 48 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 Does your company have a procedure in place for investigating Yes No incidents, accidents and near misses? The Contractor shall attach a list and contact information of all supervisors you will be using on site, as well as any safety coordinator or persons responsible for job site safety. Do you provide on the job training to all employees? Yes No Please indicate how you inform your workers, other workers or persons at or near the workplace of any workplace hazards to which they may be exposed. Do you have a disciplinary policy in place for anyone committing health Yes No and safety violations? Please describe: Do you have a Joint Occupational Health and Safety Committee or Yes No Representative? Do you have a preventative maintenance program for tools and Yes No machinery? Do you have a health and safety policy in place for incorporating sub Yes No contractors into the workplace ? Please provide any other information relating to other programs or activities that you believe demonstrates your company conducts their projects safely and in accordance with all health and safety requirements. NOTE: PLEASE BE ADVISED THAT DURING THE TENDERING PROCESS OR AT ANYTIME

DURING THE CONTRACTED WORK, HRM MAY REQUEST COPIES OF POLICIES, PROCEDURES, RECORDS OR DOCUMENTATION OF PROOF FOR ANY QUESTIONS ANSWERED ON THIS QUESTIONNAIRE.

DO YOU AGREE TO PROVIDE THIS INFORMATION IF REQUESTED? Yes No Signature Date Position / Title

Halifax Regional Municipality Page 49 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 APPENDIX 2 - Scope of Work Design Elements Building Program

1. Washrooms

Washrooms are to be distinct male and female. All facilities must be barrier free and contain the necessary hardware. As a minimum, washrooms must contain soap and paper towel dispensers, waste receptacle, towel bar, deodorizer, mirror and toilet tissue dispenser. Each washroom to have; Two (2) fixtures (female – two stalls, male – one stall, one urinal with grab bars)

Two (2) sinks

Two (2) Electric hand dryers

Baby change table/station

Two (2) Mirrors

Lockable access panel for hose bib connection under sink

Floor drain in middle of room

2. Changing Areas Each changing area to have;

Two (2) privacy change areas with front curtain and partition side walls one (1) accessible changing area as per Section 6.4 of CSA Standard B651-12 one (1) standard changing area with wall mounted bench (407 mm wide by

1200 mm long). No supports mounted to floor. Cloth hook bars, hooks every 150 mm a long walls above benches

Six (6) wall mounted benches (407 mm wide by 1200 mm long) distributed around room.

Cloth hook bars, hooks every 150 mm along wall above each bench


3. Support Areas

Mop sink complete with water taps

Upper cabinet/shelving for cleaning supplies


Electrical closet

Mechanical systems such as heat, hot water tank, and ventilation

Beach storage area (minimum 1500 mm wide) complete with shelving along back wall.

Halifax Regional Municipality Page 50 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 Design Standards

1. General

The facility is approximately 160 square meters with separate male and female washrooms and changing areas. There are two support areas, one for beach storage and the other is a combined janitor/mechanical/electrical area. This will be an insulated, slab-on-grade single storey building (clear span structure) with a pitched roof.

2. Building Envelope

Building systems will be half height split face block and brick, with metal siding above. Wall assemblies must contain vapour/air barriers and insulation to R40 in the roof and R20 in the exterior walls. Roof to be pitched and roofing systems may be asphalt shingles, pre-finished metal or an acceptable alternative. All colours to be approved by owner.

3. Doors

Entrance doors: Doors must be steel entry systems equipped with non-removable pins and security-type, heavy duty *locksets, closers and panic hardware, as required. Gates: Prefabricated aluminium fence gates with hold open latch/locking point. BEST padlocks for each gate. * Must be BEST locks, with construction cores.

4. HVAC and Plumbing

The prime source of heat for the building will be in-floor radiant, utilizing a heat pump. Ventilation within the building must be at least 500 cfm per washroom.

5. Electrical

Provide a main electrical service to power this entire facility, including a 25% overcapacity for future use. Main service entry and distribution to site must be underground. Must include main switch, all related switchgear, transformer(s), distribution panels and wiring, meter base and sub-panels. See also LIGHTING below. Provide underground distribution wiring in conduit to all site amenities and equipment such as light standards.

6. Lighting Motion sensor activated fluorescent recessed fixtures with rapid start, warm white lamps. Ballasts must have high power factor, non-resetting thermal protection, pressure sensitive capacitor protection and low sound emission. Hard-wired emergency lighting, as required. Security lighting must be provided on and around the building and area lighting at the entrances.


Required lighting levels: 150 to 300 Lux

7. Exterior Features

Split face block & metal siding

Forest Green chain link gates at front entrance

Vandal-resistant, barrier-free, pedestal drinking fountain with attached pet fountain.

8. Finishes

Support Areas: Floors: Concrete with tinted hardener Ceilings: painted gyproc acoustic tile. Walls: insulated, painted block/concrete Washrooms, Changing Areas: Floors: Hard tile Ceilings: Painted gyproc, Walls/columns: Painted block/concrete Notes: All painting to be a minimum of one coat primer/sealer and two finish coats. Colours to be approved by owner. Gyproc partitions must include sound attenuation batts. Ceilings generally must have an NRC (Noise Reduction Coefficient) in the range of .65 to .80.

9. Washroom and Changing Area

Washrooms and changing areas are to be distinct male and female. All facilities must be barrier free and contain the necessary hardware. As a minimum, washrooms must contain soap and paper towel dispensers, waste receptacle, towel bar, deodorizer, mirror and toilet tissue dispenser.

Barrier Free Water Closet: Fabricated from 14 Ga., type 304 S.S., seamless welded, elongated bowl, integral contoured seat, satin finish, siphon jet, gasketted floor outlet, exposed supply, 1.6 GPF flush valve & cover, structurally reinforced, sound-deadened with fire-resistant material, floor anchor & bolts. Water closet: Fabricated from 14 Ga., type 304 S.S., seamless welded, elongated bowl, integral contoured seat, satin finish, siphon jet, gasketted floor outlet, exposed supply, 1.6 GPF flush valve & cover, structurally reinforced, sound-deadened with fire-resistant material, floor anchor & bolts. Urinal: Fabricated from 14 Ga., type 304 S.S., seamless welded, satin finish, wash-down type, coved covers, enclosed p-trap, S.S. dome strainer, 1.0 GPF flush valve & cover, sound-deadened with fire-resistant material. Lavatory (Barrier Free): Grade 18-8, type 304 stainless steel (S.S.) , countertop, self- rimming,


radius coved corners, hold down clamps, mirror finished rim, satin finished bowl, oval shape, undercoated, no overflow, 4” centers, overall 18.5” wide x 16.5” front-to-back x 6” deep. Faucet: Chicago Faucets 802-VE2805-336CP or approved equal. Hot Water Tank (H.W.T.): Electric 30 US gal. Domestic unit Washroom Partitions: Stainless Steel Janitor Mop Basin: White molded stone service basin; Size: 24” x 24” x 10”. Stainless Steel

dome strainer with lint basket. Hot and cold water supplies: ¾” copper type L w/reducer fittings.

10. SITE a. Albro Lake Location

Site Work The existing waterline, storm, and sanitary lines to be replaced back to

property line. Water fountain to be located near building.

Parking Lot Improvements

The driveway entrance to the parking lot is to relocated to align with the current three-way stop

Parking lot base to be brought up to standard, paved and lined. Parking lot lighting – 20 lux. Refer to page 68 of the Herring Cove Road

Streetscape Planning Project for Lumec model. Color: Black

http://www.halifax.ca/RealPropertyPlanning/Streetscapes/HCRSSP/documents/HCRCommunityDevelopmentandStreetscapePlanningProject2005.pdf

Two (2) handicap parking stalls to be marked in front of building, including regulatory signage.

b. Chocolate Lake Location

Site Work All Site services are to be connected to existing service to Herring Cove

Road. Concrete cap on Gabion wall, complete with guard rail (See Design

specifications; Appendix 7). Pervious pavers (Appendix 6) are to be used for sidewalk around perimeter of

building, and along gabion wall to the parking lot. Pavers to be compatible in thickness (60mm) with the Shaw Pipe precast tree

grates and collars, of a similar colour and pattern to UNI-Stone®'s slate-coloured Rivenstone paver, and use spacers to create a permeable paver ramp per detail supplied.


Replace crusher dust pathways from existing sidewalk into the building and along-side to limit of construction.

Supply & install bench to match existing bench by planting bed at front (Herring Cove Rd) of site.

Installation of tree vault beside building as per site layout (see attached specification; Appendix 6).

Provide optional pricing for up-lighting of all six (6) tree vaults, including all necessary material and labour.

Provide two (2) – 2” empty conduits, stubbed 18” A.F.F. in electrical closet Provide exterior pole mounted fixtures. Water fountain to be located near major pedestrian crossing.

Parking Lot Improvements

Parking lot layout to be adjusted as per attached sketch (Appendix 4). Installation of five (5) tree vaults (see attached specification; Appendix 6). Asphalt surface to be removed and new asphalt poured and lined based on

new parking lot dimensions. Precast stairs from parking lot to tennis court (Similar to those at the

Sackville Drive Bridge; see photo Appendix 6). Parking lot lighting – 20 lux. Refer to page 68 of the Herring Cove Road

Streetscape Planning Project for Lumec model. Color: Green

http://www.halifax.ca/RealPropertyPlanning/Streetscapes/HCRSSP/documents/HCRCommunityDevelopmentandStreetscapePlanningProject2005.pdf

Halifax Regional Municipality Page 54 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 APPENDIX 3 – Concept Drawings for Washroom Facility

Halifax Regional Municipality Page 55 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 APPENDIX 4 - Site Layouts


Halifax Regional Municipality Page 57 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 APPENDIX 5 – Site Photographs

Bird’s eye view of Building and Parking Lot – Albro Lake

Bird’s Eye view of Parking lot and Park area – Chocolate Lake

Halifax Regional Municipality Page 58 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 APPENDIX 6 – Specifications/Drawings for Site Work

Precast Stairs - Sackville Drive Bridge

Attachments Drawings 5N11-84SW-3 Chocolate Lake Survey Conceptual Grading Plan – Chocolate Lake ICPI-68 Permeable Pavement with full exfiltration to soil subgrade L1 – Precast Tree Collar L2 – Precast Tree Vault L3 – Tree Irrigation System Information Nine Components of a Highly Successful Permeable Pavement

Halifax Regional Municipality Page 59 Design-Build: Washroom Facilities Request for Proposals RFP #13-165 June 24, 2013 APPENDIX 7 – Retaining Wall Specifications/Drawings

Attachments Drawings S-1; Site Plan and Elevation S-2; Notes and Sections Please note: All references to “Future” on these drawings is to be ignored. Everything shown on these drawings is to be included in the scope of work.

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